In re J. F.

The petitions before the court are applications pursuant to section 236 of the Family Court Act for the costs of tuition and transportation of petitioners’ preschool age handicapped children at a private school. The petitions do not seek maintenance costs, a matter which is not dealt with in this decision. The subject children are between the ages of three and five. They attend a preschool day program at the Herbert J. Birch School, a private facility approved by the State Education Department for the education of handicapped children.

Section 236 of the Family Court Act, "Powers of the family…